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(영문) 부산지방법원 2017.08.11 2017고단3059
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 9, 2017, the Defendant administered a philopon in a place of residence by inserting the Melopopon into a glass pipe (one name, "philopon"; hereinafter referred to as "philopon") the upper part of the Melopon, which is a local mental medicine, at the Defendant's residence [Tgu Seo-gu, Daegu-gu, 103 Do 1101], and then inserting the philop in a manner that inhales it by inserting the bottom of the glass pipe and inhales it.

2. On June 12, 2017, the Defendant administered philophones in the Ecomel in the same manner as that of the preceding paragraph at the 506 heading room located in Busan East-gu F.

3. On June 12, 2017, the Defendant possessed a philophone in a manner that sets about approximately 0.67 g of plastic bags and philophones containing approximately 0.03 g of plasticphones on the table of the table table 506 telephones on June 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each statute of the investigative report (including a text message), each photograph/cinematographic output (including a text message), the records of seizure and the list of seizure, the monthly trend of narcotics, and the respective appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of the recommended sentence] / the mere possession, etc. of medication and simple possession, etc.

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